Los Angeles Employment Law Firm Blumenthal, Nordrehaug & Bhowmik Uncovers Evidence that California Companies are Misclassifying Account Managers As Exempt Executive Employees – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on June 5, 2013

OvertimeTo qualify as an exempt executive not covered by the Fair Labor Standards Act (FLSA) and the California Labor Law, the executive’s primary duty should be to manage a department or the company.  Additionally, the executive should direct the work of at least two other employees, have the power to or strongly recommend that that an employee be hired or fired.  Finally, the executive should be paid at least $455 per week.

“Many Account Managers do not come close to meeting these qualifications,” said Norman Blumenthal, founding partner of Blumenthal, Nordrehaug & Bhowmik, a Los Angeles employment law firm.  “As such, when Account Managers are classified as exempt executives they are denied overtime pay as required by the FLSA and the California Labor Law.”  Under the FLSA and the California Labor Law employees who are non-exempt and work more than 8 hours a day or 40 hours per work week qualify to be paid overtime pay at 1.5 times their regular work week.

Recently Blumenthal, Nordrehaug & Bhowmik filed a class action on behalf of Christopher Valverde and other similarly situated current and former Account Managers, against Cogent Communications, Inc. (Cogent) for failing to pay them and other Account Managers overtime wages.  The lawsuit, Valverde v. Cogent Communications, Inc., Case No. 113CV239322, is currently pending in the Santa Clara County Superior Court for the State of California.

If you are an Account Manager/Executive working for any company and are not being paid overtime, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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